AC2.3 Writeup
When in court, evidence may be provided by calling witnesses (witness evidence), producing
documents (documentary evidence) and producing items (real evidence).
Relevance, Reliability and Admissibility
In considering the evidence needed to ensure a conviction, the prosecutor will be concerned with
the relevance, weight and admissibility of the evidence. Relevance is how relevant the evidence is to
the case. Admissibility is if the evidence is acceptable evidence to be used in court and Weight is
how much weight can we put on that evidence to help the prosecutor or defendant win the
case/how reliable is the evidence. Evidence of any type must be both relevant and admissible.
A case study that links to reliability of evidence is the Damilola Taylor Case Study. A 14-year-old
witness in the Damilola Taylor case gave unreliable evidence in the witness box, denying and
admitting to the police she fabricated her story many times and at one point stormed out of the
court. Due to her evidence and her performance in the witness box, they were highly controversial
and as a result all four defendants were acquitted.
Disclosure of Evidence
Disclosure of evidence is providing the defence with copies or access to all material that can
undermine the prosecution case and/or assisting the defence. A defendant has the right to access
any information that can help them defend themselves, helping to ensure a fair trial. The defence
are obliged to disclose all its evidence to the prosecution, including names and addresses of all
witnesses, including experts. The prosecution also must disclose anything that might reasonably be
capable of undermining the prosecution case or helps the defence case. If new material comes to
light in the lead up to a trial, or during a trial, then that material will be reviewed by prosecutors who
will determine if it has any impact on the proceedings. The rules of Disclosure are part of the
Criminal Justice Act 2003. Full disclosure if when the defence is provided with access to all relevant
case materials even if it may weaken the prosecutions case.
A case study that links to disclosure of evidence is the Sally Clark Case. Sally Clark was an English
solicitor who, in November 1999, became the victim of a miscarriage of justice when she was found
guilty of the murder of her two infant sons. The defence argued that the children had died of sudden
infant death syndrome (SIDS). The prosecution case relied on flawed statistical evidence presented
by paediatrician Professor Sir Roy Meadow, who testified that the chance of two children from an
affluent family suffering SIDS was 1 in 73 million. It turned out that in a pathologist report that there
were other issues that caused the infants to die. The prosecution failed to disclose the fact that the
medical evidence that proved that Sally did not kill her children and therefore Sally was wrongfully
accused.
When in court, evidence may be provided by calling witnesses (witness evidence), producing
documents (documentary evidence) and producing items (real evidence).
Relevance, Reliability and Admissibility
In considering the evidence needed to ensure a conviction, the prosecutor will be concerned with
the relevance, weight and admissibility of the evidence. Relevance is how relevant the evidence is to
the case. Admissibility is if the evidence is acceptable evidence to be used in court and Weight is
how much weight can we put on that evidence to help the prosecutor or defendant win the
case/how reliable is the evidence. Evidence of any type must be both relevant and admissible.
A case study that links to reliability of evidence is the Damilola Taylor Case Study. A 14-year-old
witness in the Damilola Taylor case gave unreliable evidence in the witness box, denying and
admitting to the police she fabricated her story many times and at one point stormed out of the
court. Due to her evidence and her performance in the witness box, they were highly controversial
and as a result all four defendants were acquitted.
Disclosure of Evidence
Disclosure of evidence is providing the defence with copies or access to all material that can
undermine the prosecution case and/or assisting the defence. A defendant has the right to access
any information that can help them defend themselves, helping to ensure a fair trial. The defence
are obliged to disclose all its evidence to the prosecution, including names and addresses of all
witnesses, including experts. The prosecution also must disclose anything that might reasonably be
capable of undermining the prosecution case or helps the defence case. If new material comes to
light in the lead up to a trial, or during a trial, then that material will be reviewed by prosecutors who
will determine if it has any impact on the proceedings. The rules of Disclosure are part of the
Criminal Justice Act 2003. Full disclosure if when the defence is provided with access to all relevant
case materials even if it may weaken the prosecutions case.
A case study that links to disclosure of evidence is the Sally Clark Case. Sally Clark was an English
solicitor who, in November 1999, became the victim of a miscarriage of justice when she was found
guilty of the murder of her two infant sons. The defence argued that the children had died of sudden
infant death syndrome (SIDS). The prosecution case relied on flawed statistical evidence presented
by paediatrician Professor Sir Roy Meadow, who testified that the chance of two children from an
affluent family suffering SIDS was 1 in 73 million. It turned out that in a pathologist report that there
were other issues that caused the infants to die. The prosecution failed to disclose the fact that the
medical evidence that proved that Sally did not kill her children and therefore Sally was wrongfully
accused.
